Acquiring membership at iWebPhoto (paid or free) means you read the Terms of Use and agree to it in it's entirety. This agreement may change from time to time with or without notice. Please review this agreement regularly to receive the latest information.

Mission Statement

iWebPhoto’s mission is to provide a family-friendly website for members to share online photo albums and slide-shows, and to provide members a convenient area for storage of images for linking to external websites. iWebPhoto offers either paid or free memberships.

Free Membership Requirements In order to retain your free online photo album you must:

1. Log into iWebPhoto at least once per month
2. Add photos to your album within 1 month of signing up
3. Visit our sponsor websites regularly

Your free account will be terminated, and your free photos will be permanently removed without notice if you do not meet all of these requirements in the Free Membership.

Photos

• iWebPhoto ("the site") and its owners W3Now Web Design, Inc. ("W3Now"), collectively "iwebphoto", are not responsible for your photo files at any time. It is your responsibility to save copies of your photo files prior to uploading. iWebPhoto cannot guarantee the "safety" or the availability of your photo files while being uploaded to the site, or at any time after residency on the site.
• Photo files on the site are not secure from copying by users of iWebPhoto, in fact, your potots are available for public viewing, linking and copying by any iWebPhoto member or site visitor.
• Only .jpg and .gif files are allowed for upload. Other file types are not accepted. Attempting to upload other file types will result in immediate account termination, with no refund.

Before you use iWebPhoto, please read these Terms of Use carefully as they govern your use of the services provided at iWebPhoto (the "Services"). By using the Services you agree to the Terms of Use set forth below as they may be updated from time to time by W3Now ("iWebPhoto.com"). iWebPhoto may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party, provided that when iWebPhoto does so, it will update these Terms of Use. You are advised to periodically check the website for changes in the Terms of Use.

iWebPhoto requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to iWebPhoto a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have (i) made your album public (default for free accounts), (ii) posted a link to your album or User Content on another website or (iii) otherwise shared a link or the password to your album or User Content.

Objectionable Content

iWebPhoto attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using iWebPhoto, you may be exposed to this content. Under no circumstances will iWebPhoto be liable in any way for any User Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via iWebPhoto. We ask that you help keep iWebPhoto a family oriented site by reporting objectionable photo content to iWebPhoto using the provided links.

Service Restrictions on the use of the Services

By using the Services you agree that you will not:

• Use the Services for any illegal purpose.
• Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. iWebPhoto does not control User Content of users' accounts and does not have any obligation to monitor such content for any purpose, however, iWebPhoto may chose to monitor such User Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service.
• Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Content that would violate the right of privacy or publicity of any public or non-public persons.
• Upload, e-mail or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", .pyramid schemes", or any other form of solicitation.
• Upload, email or otherwise transmit any User Content that includes code hidden or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video.
• Upload, email or otherwise transmit any User Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of iWebPhoto. This includes, but not limited to, email spam and banner advertisements.
• Use the Services in any way for the furtherance of a commercial enterprise. To be clear, individual use for classified advertisements or auctions, for sites like Craigslist and Ebay are permitted, however, people or enterprises that derive a significant portion of their income from such pursuits may not use the Services for such purposes.
• Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your iWebPhoto account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or
• Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.iWebPhoto.com, and all linked pages (the .Site.) or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

  iWebPhoto reserves the right at all times to terminate your account, and delete any and all User Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Use. If you do violate these Terms of Use, iWebPhoto reserves the right to share any information with any third party. In addition, iWebPhoto reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

Age Requirements and Limitations on Use of Services

Users of the Services must be at least 13 years of age.

Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by iWebPhoto. If iWebPhoto determines that it has collected personal information of children under the age of 13, iWebPhoto will immediately delete such information.

Users are limited to one account per email address. Users are limited to the file size, bandwidth and storage limitations related to their account level. iWebPhoto reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system. iWebPhoto has the right to change these limitations without notice to the user. In addition, iWebPhoto reserves the right to terminate any account for non-use of longer than 90 days. Your account will also be protected by a password selected by you. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities that occur under your password or account. Please notify iWebPhoto immediately in the event that you believe your password is no longer secure. Use of the Services is also governed by the iWebPhoto Privacy Policy

Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by iWebPhoto shall be the property of iWebPhoto and W3Now. iWebPhoto and W3Now shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at iWebPhoto. This license does not apply to any third party images stored at iWebPhoto. Permission for use of such content must be obtained from the copyright owner. iWebPhoto claims no ownership interest in the images posted by you at iWebPhoto.

Copyright Infringement

iWebPhoto respects the intellectual property rights of others. However, you agree that iWebPhoto is not responsible for any violations of any intellectual property rights in any images or content posted to iWebPhoto. You understand that by using these Services that your images will be publicly available to others for viewing, linking and copying, and that iWebPhoto has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact iWebPhoto at 17011 Lincoln Ave. Suite 610 Parker, CO 80134. Please provide:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Upon receiving your complaint, iWebPhoto may, in its sole discretion, remove content that you believe infringes your copyright. In addition, iWebPhoto may terminate the account of the user who appears to be infringing your intellectual property rights.

Disclaimer of Warranty and Limitations of Liability

iWebPhoto expressly disclaims any responsibility or liability for the use of the Services by you. iWebPhoto also disclaims any and all responsibility or liability for:

• the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.
• the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
• any harm resulting from downloading, or accessing any information or material through the site.

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL iWebPhoto BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF iWebPhoto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification.

You agree to defend, indemnify, and hold harmless iWebPhoto and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Use, or (iii) any other activity related to your account (including negligent or wrongful conduct). iWebPhoto reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with iWebPhoto and its counsel in the conduct of such defense.

Forum and Choice of Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Service shall be filed only in the federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement.

These Terms of Use constitute the entire agreement between the you, the user, and iWebPhoto with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between iWebPhoto and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with iWebPhoto are incorporated herein by this reference to the extent they do not conflict with these Terms of Use. If a court should find that one or more rights or provisions contained in these Terms of Use are invalid, you agree that the remainder of the Terms of Use shall be enforceable.

Member and Visitor Responsibilities

Free Membership Account Requirements

1. You must add some photos to your album within 1 month of signing up
2. You must log into iWebPhoto least once per month
3. You must visit our advertisers websites regularly

Your free account will be removed without notice if you do not meet all of these requirements.

All Accounts

• Members and other visitors are responsible for making back-up copies of photos prior to uploading them to the iWebPhoto site. iWebPhoto is at no time responsible for any photo files.
• Members and visitors are responsible for using the site as indicated, and for it's intended purposes only.
• It is very important to use a complex password to keep hackers from getting into your photo website. Always use a password containing special characters like: $%@!~^, numbers and letters
• Anyone attempting to use the site outside of its intended purpose or to perform malicious, site-breaking or hacking activities will be removed and banned from the site with no membership refund. Legal action will be taken by iWebPhoto for such activities.
• Members or visitors attempting to upload files of a different format than .jpg or .gif will be immediately banned from the site with no membership fee refund.
• Members and visitors are required to use the site for G-rated photograph content and family-friendly activities. Pornographic or hate activity, will result in immediate account termination without a refund. iWebPhoto has sole discretion.

Before you purchase a membership at iWebPhoto, we ask that you first take advantage of our Free Membership.

This will help you determine whether iWebPhoto meets your needs and expectations. It will also help you determine whether your computer configuration and browser settings are compatible with the iWebPhoto site.

Please also review the following information:

• Return Policy: The Return Policy is designed to help you understand our policy on refunds.
• Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.
• Affiliate Program Terms This Affiliate Program terms are designed to help you understand how the affiliate program works, and your responsibilities in the program.